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(영문) 의정부지방법원 2017.05.25 2017고정421

사기

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is a company member of a trade name, "B", who is a CCTV dealer.

On March 14, 2016, the Defendant is 5,00 won in monthly installments if “D” located on the 2nd floor in Gyeyang-gu Seoul Metropolitan City, Gyeyang-gu, Seoul, with “CCTV’s installation cost, 1.98 million won and 36 months, including the installation cost.”

However, if only 20 times a month 20,000 won is paid, the monthly installments will be made in that amount.

“Falsely, CCTV was installed and sold to the victim immediately.”

However, the defendant did not know the fact that he could not finally provide a film discount ticket because he could not secure the minimum amount of order, and if he could not secure the minimum amount of order, he did not notify the victim of the fact that the above CCTV would not be supported. The defendant did not have the intention or ability to provide the victim with a film discount ticket without limitation.

As above, the Defendant deceiving the victim, sold CCTV to the victim, thereby causing property damage equivalent to KRW 1980,000,000, and thereby, acquired the pecuniary profit of KRW 300,000,000.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing a copy of the contract and Kakao Stockholm dialogue;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;